DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everett Smith & Co Pty Ltd
(AG2015/2139)

EVERETT-SMITH & CO PTY LTD CONTRACTING DIVISION COMMERCIAL SECTOR ENTERPRISE AGREEMENT 2015-2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2015

Application for approval of the Everett-Smith & Co Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Everett-Smith & Co Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Everett Smith & Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 March 2015 and, in accordance with s.54, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Everett Smith & Co Pty Ltd, a contracting company, applied for approval of the Everett-Smith & Co Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2015-2017. The matter was heard in the Fair Work Commission. The key dispute centered around whether the enterprise agreement met the requirements under the Fair Work Act 2009 for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions as required by law, and if it allowed for fair and reasonable terms, taking into account the nature of the industry and the bargaining positions of the parties. The Commission had to determine whether the agreement was consistent with the principles of the Fair Work Act and if it provided for the proper balance between the rights of employees and the operational needs of the employer.

The Fair Work Commission examined the provisions of the agreement and considered the submissions from both parties. The Commission noted that the agreement addressed key areas such as wages, hours of work, and other employment conditions. It found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the commercial nature of the employer's operations and the bargaining positions of the parties. The Commission concluded that the agreement met the legal requirements and approved it.

In approving the agreement, the Fair Work Commission emphasised the importance of ensuring that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the principles of the Fair Work Act. The Commission also noted that the agreement provided for the proper balance between the rights of employees and the operational needs of the employer. The Commission's approval of the agreement was based on the evidence and submissions presented to it, and its determination that the agreement met the legal requirements.

Everett Smith & Co Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established